Service Conditions of Use

Last updated: October 2, 2022

This is an agreement between you and THE IDEALISTS. (with its affiliates, “THE IDEALISTS", "we" or "us") regarding the personal development and digital spoken word audio entertainment service operated by THE IDEALISTS (the "Service"). These THE IDEALISTS. Conditions of Use, the rules, policies and guidance we provide regarding the Service, and the following terms (collectively, as they may be changed over time, the "Terms") form a part of this agreement and govern your use of the Service:

By signing up for or using the Service, you agree to the Terms on behalf of yourself and all members of your household and others who use the Service under your account.

Your Account; Notification Preferences

If you do not have an THE IDEALISTS or a Substack account, you will need to establish an account with Substack to use the Service. The payment methods on file with your Substack account will be used for your THE IDEALISTS account. To manage your THE IDEALISTS notification preferences, please visit your Substack dashboard.

Membership Plans

As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.

Credits

As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.

Promotional and Membership Content

We may make content available to you from time to time through the Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a membership plan, for so long as you remain an active member of your plan in good standing. We may also remove this content from your account, devices and applications or otherwise restrict your ability to access it.

Content Availability

We may add or remove purchasable, promotional and membership content (collectively, "Content") from our catalog, membership plans and our Service at any time and make no guarantee as to the availability of specific Content in any membership plan or as to any minimum amount of Content in any membership plan. Some of our Content may be offered in limited territories, and we may use geofiltering technology to restrict access outside of those territories.

Fees and Renewal

Fees for purchased content, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.

If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card we have on record for you.

If all credit or debit cards we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership or subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.

Membership and Subscription Cancellation

You may cancel your membership plan and any subscriptions by visiting your account details page provided on Substack (your "Dashboard") and adjusting your membership settings and subscription preferences. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is cancelled, but cancellation does not terminate your license and access to purchased content.

Service Restrictions

We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.

Content Restrictions

You may not (i) transfer, copy or display Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.

Promotional Trial Memberships

We sometimes offer certain customers various trial or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may, at any time (through your Dashboard), choose not to continue to paid membership by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of the offer.    

Agreement Changes

We may, in our discretion, change the Terms and all elements of them and any aspect of the Service, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.

Termination by Us

Our business may change over time and we reserve the right to cancel the Service and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion without notice. If we do so, we will give you a prorated refund based on the number of days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.

Disputes

This section includes an arbitration agreement and an agreement that all claims will be brought on in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration by following the opt out procedure described below. Informal Process First. You agree that in the event of any dispute between you and THE IDEALISTS., you will first contact THE IDEALISTS. and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without any limitation any court action. Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of THE IDEALISTS. Services (including but not limited to THE IDEALISTS. Content and Products) or relating in any way to THE IDEALISTS. communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and THE IDEALISTS. However, this arbitration does not (a) govern any claim by THE IDEALISTS. for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. Arbitration Information. Arbitration is less formal than a lawsuit in court. Instead of a judge or jury, disputes in arbitration are resolved by a neutral arbitrator. Except to the extent the parties have agreed otherwise, arbitrators can award the same damages and relief as a court. You agree that the US Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and THE IDEALISTS. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms. Arbitration Procedure. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to THE IDEALISTS, Attn: Legal, 4250 N. Drinkwater Boulevard, Scottsdale, AZ 85251 USA. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling (800) 778-7879. The number of arbitrators shall be one (1). You may choose to have the arbitration conducted via telephone, mail, or in person. The arbitration will be conducted in the English language. Arizona law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Authority over Arbitration Agreement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. However, the preceding sentence shall not apply to the arbitration waiver below. Arbitration Opt-Out. If you do not want to arbitrate disputes with Obánj and you are an individual, you may opt out of this arbitration agreement by emailing us at support@theidealistspodcast.co within thirty (30) days of the first date you access the Site or use any of the Services.

Miscellaneous Disclaimer of Warranties.

EXCEPT FOR THE LIMITED WARRANTIES SET OUT HEREIN, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, THE IDEALISTS. DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE IDEALISTS. BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF THE IDEALISTS. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of the Services.

You may not use the Services for any illegal or unauthorized purpose. It is strictly forbidden to use the Services to transmit any content, information, or other materials that are obscene, abusive, threatening or defamatory or to use the Services to contact, advertise, or solicit to another user.

Indemnification for Breach.

By use of the Services, you agree to indemnify, hold harmless and defend THE IDEALISTS. and its officers, directors, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.

Governing Law and Venue.

These Terms are governed and interpreted pursuant to the laws of the State of Arizona, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Phoenix, Arizona, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

Entire Agreement.

These Terms are the entire agreement between you and THE IDEALISTS. relating to the subject matter herein and shall not be modified except by THE IDEALISTS.  in accordance with these Terms, or as otherwise agreed in writing by you and THE IDEALISTS. No employee, agent or other representative of THE IDEALISTS. has any authority to bind THE IDEALISTS. with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

Severability and Waiver.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. THE IDEALISTS. may assign these Terms at any time without notice to you.

THE IDEALISTS. Address

THE IDEALISTS.

4250 N. Drinkwater Boulevard

Scottsdale, AZ 85251

USA